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Woodland Springs AZ 07-014ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 53 , BOISE IDAHO 02128108 01;34 PM ~ DEPUTY Patti Thompson ILI IIIIILIILI'LIIIIIIIIIILIh~.I~I`I III RECORDED-REQUEST OF 108022886 City of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Woodland Springs, LLC, Owners 3. Morgan Development, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of ~1AF~`I , 200 by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Morgan Development, whose address is 5145 S. Heyrend Drive, Idaho Falls, ID 83403, hereinafter called DEVELOPER, and Woodland Springs, LLC, whose address is 5145 S. Heyrend Drive, Idaho Falls, ID 83403, hereinafter called OWNERS. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Developer and/or Owners make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of C-N (Neighborhood Business District), Municipal Code of the City of Meridian; and 1.5 WHEREAS, Developer and/or Owners made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning. designation of the subject Property held before the Planning & DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 1 OF 11 Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 8`h day of January, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Developer and/or Owners to enter into a development agreement with relation to the C-N (Neighborhood Business District) before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER and/or OWNERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Developer and/or Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 2 OF 11 of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER: means and refers to Morgan Development, whose address is 5145 S. Heyrend Drive, Idaho Falls, ID 83403, the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNERS: means and refers to, Woodland Springs, LLC, whose address is 5145 S. Heyrend Drive, Idaho Falls, ID 83403, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-N (Neighborhood Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11-2-B which are herein specified as follows: Construction of no more than 4 commercial buildings in the proposed C-N zone on 7.55 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-O14 application. 4.2 No change in the uses specified in, this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer and/or Owner shall develop the Property in accordance with the following special conditions: 1. That development of this property shall generally conform to the Concept Plan prepared by Advantage Architecture (attached in Exhibit C), as determined by the Planning Director or otherwise approved through a Conditional Use Permit. The pedestrian walks shall be substantially constructed as shown on the concept plan. (NOTE: The Applicant has shown a pedestrian access from the sidewalk on McMillan Road to the convenience store. This connection may not be possible due to the relocation of the Settlers Canal and the canal remaining open. Therefore, this connection should not be required. However, in accordance with the DR requirements of the UDC, the Applicant should DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 3 OF 11 construct a pedestrian wallcway from the Locust Grove Road sidewalk to the convenience store entrance (or any future building on Lot 2)). 2. Provide a trellis structure, a picnic table and landscaping within a plaza area near the center of the development. (Exact details of the plaza area shall be established with the future development on Lot 2 -convenience store lot.) 3. Construct benches in front of the professional office building on Lot 4. 4. The business hours of operation for the professional office and multi-tenant retail businesses shall be limited to 6 am and 11 pm. This restriction shall include deliveries and trash compacting. 5. The following shall be the allowed uses on this property: Perinitted and accessory uses within the C-N zone. All conditionally permitted uses on the subject site shall be subject to CUP approval. 6. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. The Applicant shall be responsible for all costs associated with sewer and water service installation. 9. Except for one full-access to Locust Grove Road and the public street to McMillan Road at the east boundary (Beethoven Street), no other access points to Locust Grove Road or McMillan Road shall be allowed. 10. All buildings in the development shall be subject to administrative design review as defined in UDC 11-3A-19. Pedestrian walkways and paths shall be provided throughout the parking lotto allow pedestrians to walk in designated areas (as shown on the concept plan). 11. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any building construction on the subject property. 12. All buildings on the site shall substantially coinply with the elevations in Exhibit C (subject to full compliance with future design review). All buildings shall be substantially consistent with the square footages shown on the concept plan: a maximum 11,000 square foot professional office and retail building; a 4,500 square foot convenience store/fuel station (subject to CUP approval); and, a maximum 33,000 square foot multi-tenant commercial building. Materials for the subject buildings shall include: cultured stone, faux timbers and beams, stucco and stucco accents, and metal standing seam roofing. 13. Construct a 25-foot wide landscape street buffer along Locust Grove Road, a minimum 10-foot wide street buffer along Beethoven Avenue, and a minimum 38-foot wide landscape buffer along McMillan Road, as proposed. These buffers shall be designed in accordance with UDC 11-3B-7. 14. Construct a minimum 20-foot wide landscape buffer between residential uses and properties zoned C-N. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 4 OF 11 residential uses to the north and east. The Applicant shall comply with all other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8' which outlines the standards for parking lot landscaping. 15. No car wash (vehicle washing facility) shall be allowed on this site. 16. Construct a 6-foot tall fence along the north and east property lines. 17. The project may be divided into two phases. The first phase including convenience store and the 11,000 sq. ft. professional office and retail building and the street accesses to both Beethoven and Locust Grove. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer and/or Owners or Developers and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer and/or Owners consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to- wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Developer and/or Owners and if the Developer and/or Owners fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Developer and/or Owners shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Developer and/or Owners, or Developer and/or Owners' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Developer and/or Owners of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 5 OF 11 or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer and/or Owners' cost, and submit proof of such recording to Developer and/or Owners, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City or Developer and/or Owners, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Developer and/or Owners shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Developer and/or Owners or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer and/or Owners agree to provide, if required by the City. DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 6 OF 11 14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owners agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and/or Owners have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNERS: Woodland Springs, LLC 5145 S. Heyrend Drive Idaho Falls, ID 83403 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Morgan Development 5145 S. Heyrend Drive Idaho Falls, ID 83403 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 7 OF 11 determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Developer and/or Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Developer and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Developer and/or Owner have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Developer and/or Owners and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Developer and/or Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 8 OF 11 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: MORGAN DEVELOPMENT By: ~~ ~ ~- M 0 ~ y ~ ~- ~ PR~s; d ~~.~ OWNERS: LLC By: M~rr rn ~ ~~ ~ ~ ~ P~ ~ n~ b ep. CITY OF MERIDIAN By: MAYOR T Y de WEERD \~~,~~ O~ ~F~,~~'%,, . ,~ '~ Attest: ~~' ' _ ~ _ ~~~~~~ = CITY CL RK ''% '~' U~~ ts~ ~ ~~,~ '~ ~ ~ ,~~ y~~~i~i 0021~9~~ ~ ~~~.~. 'fi~ri~~iii n~~~~~ DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 9 OF 11 STATE OF IDAHO, ) ~~-e~ill~ ss County of ~, ) On this ~ day of ~ brAQN , 2008, before me, the undersigned, a Notary Public in and for aid State, personally appeared lylGl ~- I~Orgct/1 known or identified to me to be the Pres~~.~~,v~ °~' of Morgan Development, acknowledged to me that they executed the same on behalf of said corporation. IlV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. \`\ \\ `~ ~ U 1 U I I 1 t I I I I I I ~~ j~ iii .~``~~~ ~~' GRFG ~~'''~ °`'~ - Not Public for Idaho d,~ A~~LIG ~ Residing at: ~v~f~ ~,`S -Z"~ °'%,,'9 •' ••'';r0 ~~~; My Commission Expires: ~ ~0 ~~~~i~~~~OF'1'OP \~~o`\~ STATE OF IDAHO, ) Qa~evt~/{ ss County of Ada, ) On this ~ day of ~{~~~Clr' 2008, before me, the undersigned, a Notary Public in and fo said State, personally appeared h'lct ~ nla~z~ known or identified to me to be the n'IQm~Br` of Woodland Springs, LLC and acknowledged to me that he executed the same on behalf of said corporation IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ~, day and year in this certificate first above written. \~P ..............~,+,~,.. ``~~. a~1. GPtF~~~~si,,;, ~E~AI-) ~ ~ ~~ Notary Public for Idaho] Residing at: ~~ ~ My Commission Expires: z® DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 10 OF 11 ti ~ ~ „ STATE OF IDAHO ) ss County of Ada On this~_ day of ~e bYU Qr , 2008, before me, a Notary T~ CCL Public, personally appeared Tammy de Weerd and ~ ~ .; know or i entified .~~ IIM~1r~ to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City .executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day~~~,ey~ in this certificate first above written. • •. ~p,R Y~'~,, '; (SEAL) ~ ~ ; z ; ~ Notary Public r Idaho ~~' ~' ~ ~~ V, ~ Residing at: ~(~(~ ~, T~p ' ~ 10~ 11-11 ~,, `` ,Q,V~"',~4~• Commission expires: , DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 11 OF 11 Exhibit A -Legal Description 6~,~~.~~ Wed: GPS, BOIINDARY, 'POl?OGIRAPHIC ANI) A:LTA SLTRVBYS. vying, inc. ~ ooN DU-o 1121 E. Statte Street Suite 1B5 Eagle, Idaho @3616 r off. ice: 1~2PJ8-989=7373 fax: I Job No. Q7I09 J.B.F. 8-I6-U7 BOUNDARY' DESCRIPTION FOR WOgDLAND SPRINGS SUBDIVISION Overall Part of the Southwest I%4 of the Southwest 1/4 of Section. 29, Township 4 North, c 1 East .of theBoise.Meridian, Ada County, Idaho des~n'bed as: Beginning at the Southwest corner of Section 29, Township 4 North, Rsuge i East of the Boise Ivieridtan, Ada County, Idaho and mm~mg thence N00'25'~22"E:663.04 fee:along tfie West line of said'Section thence S89°20'43"E 506:.19 feet; thence S02°12'41"VVT 664.45 feet to a point on the South lice of said Section; thence N89°12'28"W 485:4.6 feet along said South Line oftheBoinrof Beginning: Parcel 7.55 acres. REV~~ p VAL 8Y d ~v~ i~ S t n ~',~~ M~pftKS'OEP~~G *T CITY OF MERIDIAN E IDIA,I ~l ~, FINDINGS OF FACT, CONCLUSIONS OF LAW AND E D A H O DECISION & ORDER In the Matter of Annexation and Zoning of 7.55 acres from RUT and Rl (Ada County) to C-N (Neighborhood Business District), AND Preliminary Plat approval of 4 commercial lots on 7.55 acres in the C-N zoning district, by Morgan Development. Case No(s). AZ-07-014 and PP-07-019 .For the City Council Hearing Date of: December 18, 2007 (Findings on the January 8, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975.," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-014 and PP-07-019 -1- 4. Due consideration has been given to the convnent(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found that public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval aze imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 18, 2007 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated August 19, 2007 (stamped received on 10-26-07 by the City Clerk) is hereby conditionally approved; and, 2. The site specific and standazd conditions of approval are as shown in the attached Staff Report for the hearing date of December 18, 2007 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (1.2) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the prelirninazy plat or one (1) yeaz of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for .preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions., the Director or City Council may require CITY OF MERIDIAN FITVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-014 and PP-07-Oi9 -2- the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 18, 2007. CITY OF MERLDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-O14 and PP-07-01'9 -3- By action of the City Council at its regular meeting held on the 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD C, ~~ day of VOTED VOTED VOTED VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED \~.~`y ~ t~,l~'- , ~,, DE WEERD ``,~`~~~ mot' r `b F ATTEST: ~ ~ `p = ~~AL ~.1~-= ~ ~~' ..gypp ; WILLIAM G. BERG, JR~',~~ ~ ,i~• ~Q~`,. Copy served upon: ~_ Applicant /~ Plaruung Department Public Works Department -~ City Attorney BY~s~L~Q~ Dated: ~' ~~' -~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S): AZ-07-014 and PP-07-019 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARLNG DATE OF pECEMBER 18, 2007 STAFF REPORT E . ID.TAN~ Hearing Date: December 18, 2007 IDAHO TO: Mayor and City Council FROM: C. Caleb Hood, Current Planning Manager 208-884-5533 SUBJECT: Woodland Springs • CPA-07-014 Comprehensive Plan Land Use Map Amendment to change approximately 7.55 acres from Medium Density Residential to Mixed Use - Community • AZ-07-014 Annexation and Zoning of 7.55 acres from RUT and Rl (Ada County) to C-C (Community Business District) • PP-07-019 Preliminary Plat of 4 commercial lots on 7.55 acres in the proposed C=C zoning district, by Morgan Development. 1. SUMMARY DESCRIP'T'ION OF APPLICANT'S REQUEST The subject Comprehensive Plan Amendment (GPA) application proposes to amend the Future Land Use Map of the Comprehensive Plan. The Applicant, Morgan Development, is proposing to change the existing "Mediutn Density Residential" future land use designation to the "Mixed Use -Community" designation for a seven and one-half acre parcel. Concurrent with the CPA request, the Applicant has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval to annex and zone 7.55 acres to C-C (Community Business District) and subdivide the property into 4 commercial lots. The subject annexation and preliminary plat are contingent upon approval of the concurrent map amendment (CPA- 07-014). If approved, the subject Map amendment would not change the Future Land Use Map designation for any other parcels or for any other features of the Comprehensive Plan. Approval of the subject applications would allow the Applicant to obtain a commercial zoriing district. The Applicant has subnutted a conceptual site plan of how this site may be developed with a convenience storelgas station, a rnedicaUdentaUprofessional office building, and amulti-tenant commercial building. On the submitted conceptual plan, the Applicant has depicted one full-access driveway to Locust Grove Road; no direct lot access to McMillan Road is proposed. The Applicant is also proposing to complete the remaining portion of the north-south public street (Beethoven Avenue) in Portico Place Subdivision to the east, and take driveway access from this local roadway. NOTE: Originally, the Applicant presented a site plan that showed aright-in/right-out access to McMillan Road. ACHD did not approve the right-in/right- out driveway to McMillan Road and the Applicant has submitted a revised concept plan and plat. This Staff report is based on the revised site plan, preliminary plat and landscape plan. The subject property is located on the northeast corner of Locust Grove Road and McMillan Road, in Section 29, Township 4 North, Range 1 East, B.M. Currently, the site is comprised of 3 tax parcels zoned RUT and R1 in Ada County and contains two homes and outbuildings. The Applicant intends to remove the existing structures and construct a commercial development. The subject property is within the City's Area of Impact and Urban Service Planning Area. Per Idaho Code, Comprehensive Plan Map Amendments are allowed only every six months. It has been more than six months since the Comprehensive Plan Future Land Use Map has been amended. The Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-O l9 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 previous recommendation of an amendment to the land use map by the Commission occurred on April 19, 2007. This time frame exceeds the minimum six month requirement between the last and the current map amendment request. . 2. SiJMMARY RECOMMENDATION The subject Comprehensive Plan Map Amendment, Annexation and Zoning, and Preliminary Plat applications were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on all of the subject applications. Staff is recommending approval of Woodland Springs (CPA-07.014/AZ-0'I-014/PP- 07-019), with a Map designation of Mixed Use -Neighborhood (not Mixed Use -Community as proposed by the Applicant) and a C-N zoning district (not C-C as proposed by the Applicant). See the analysis in Sections 8, 9 and 10 and the Findings listed in Eachibit B of this Staff report. The Meridian Planning & Zoning Commission heard these items on November. 1, .2007. At the public hearing they moved to recommend approval of the subiect CPA, AZ and PP applications. a. Summary of Commission Public Hearing: i. In favor: Todd Myers, Matt Morgan, Don Lilvguist -Bud. and Clyde Brinegar signed up "for" on the hearing sign in sheet but did not testify ii. In opposition: None iii. Commenting: None iv. Written testimony: Applicant's e-mail response to staff report, dated 10-26-07 v. Staff.presenting application: Caleb Hood vi. Other staff commenting on application: None lt. Key Issue(s) of Discussion by Commission: i. Potential for fast-food and/or drive-through users on this site; ii. Dumpster locations; iii. Deliveries and hours of operation; iv. Vehicular interconnectivity; and, v. Perimeter fencing. p, Kev Commission Change(s) to Staff Recommendation: i. Required an 8' tall vinyl fence along the north and east property lines. See Condition 1.11 in Exhibit D. d, Outstanding Issue(s) for City Council: i.. None The Meridian City Council heard these items on December 18 2007 At the public hearing the Council approved the subject annLicatfons. g, itv Council Public Hearine: i. 1zlLfavor.: Todd Meyers ii. In opposition• None (Corey Sandvelt signed in at the public hearing but did_not ti iii. ommentine: None iv. 'ten testimony None Staff pre~ent~rlp app ication: CalelzHood v. tb,e~staff eomment'ne on application: None g, Kpv IccLec of DICCLCCIOII by Council: i. Potential for a car wash facility ii, Fencin¢ iii. Hours of operation Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 L i. Prohibited anv car wash (vehicle washune raciitv~ ~•~~1«- ii. °1ni~~P~/RPauired six-foot tall ne~eter fencine. iii. Limited hours. of operation for the two buildines near the residential homes from am to 11 nm (aa stated i the staff renortl. iv. Suvnoxted the Comprehensive Plan designation of Mimed Use - Neiehborhood and he zsln~g of C-N.~ 3. PROPOSED MOTION (to be considered after the public bearing) Approval After considering all Staff, Applicant and public testimony, I move to approve File Numbers CPA-07-014, AZ-07-014, and PP-07-019 as presented in the Staff report for the hearing date of December 18, 2007, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all Staff, Applicant and public testimony, I move to deny File Nwhnbers CPA- 07=014, AZ-07-014, and/or PP-07-019 as presented during the public hearing on December 18, 2007, for the following reasons: (you should state specific reasons for denial of the CPA, AZ and PP requests.) Continuance After considering all Staff, Applicant and public testimony, I move to continue File Numbers CPA-07-014, AZ-07-014, and PP-07-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1630 & 1720 E. McMillan Road, on the northeast corner of Locust Grove Road and McMillan Road, within Section 29, Township 4 North, Range 1 East. b. Property Owners of Record: Matt Morgan Norma Enlow 5145 S. Heyrend Drive 1720 E. McMillan Road Idaho Falls, ID 83403 Meridian, ID 83646 c. Applicant: Morgan Development 5145 S. Heyrend Drive Idaho Falls, ID 83403 d. Representative: Todd Meyers, Morgan Construction e. Present Zoning: RUT & Rl (Ada County) f. Present Comprehensive Plan Future Land Use Designation: Medium Density Residential g. Description of Applicant's Request: The Applicant is requesting a change to the Fuhue Land Use Map designation for this property; annexation and zoning; and, preliminary plat approval for four commercial lots on approximately seven and one-half acres. h. Applicant's StatemendJustification (see Applicant's application and letter): "With the increasing traffic flow on both Eagle Road and meridian Road drivers will find alternate routes Woodland Springs -CPA-07=014 / AZ-07-014 / PP-07-019 PAGE 3 C1TY OF MERIDIAN PLANNdNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18., 2007 that shall increase traffic onto Locust Grove. Commuters will need services including fuel that are located on their direct route to and from work. The increasing number of residential properties will create a demand for retail services. Close retail services will reduce resident's needs to drive long distances on crowded arterial streets and will increase to availability to access retail service liy pedestrians." Please see Applicant's submittal letter for more information. 5. PROCESS FACTS a. The subject application will in fact constitute a Comprehensive Plan Amendment as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute an Annexation as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. d. Newspaper notifications published on: October 15 and 29, 2007 (Planning & Zoning Comnssion) (Planning and Zoning Commission); November 26, 2007 and December 10, 2007 .(City Council) e. Radius notices mailed to properties within 300 feet on: October S, 2007 (Planning and Zoning Commission); November 21, 2007 (City Council) f. Applicant posted notice on site by: October 22, 2007 (Planning and Zoning Commission); December 8.2007 (City Council) 6. LAND USE a. Existing Land Use(s): 'There are two existing homes, and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The properties duectly to the north and east aze designated Medium Density Residential on the Comprehensive Plan Future Land Use Map. The property to the west is designated Low Density Residential. The property to the south is designated Public/Quasi-Public. Most of the properties surrounding this site aze still can ently underutilized and contain single-family homes. c. Adjacent Land Use and Zoning: North: Single-family residence, zoned RUT (Ada County) South: Idaho Power Substation, zoned R-8 East: Future single-family homes, Portico Place Subdivision, zoned R-8 West: Single-family home, zoned RUT (Ada County) d. History of Previous Actions: In late 2006, an annexation application was submitted for 2.4 acres of the subject property. 'Tl-at annexation application (AZ=06-054) requested L-O zoning. On February 13, 2007 the City Council denied the annexation application. The Applicant has since acquired the adjacent 5 acres. Woodland Springs -CPA-07-0.14 / AZ-07-014 / PP-07-019 PAGE 4 CITY OF MERLDIAN PLANNFNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is an existing ma-n in Locust Grove. Location of water: There aze existing mains in Locust Grove, and McMillan. Issues or concerns: None. 2. Vegetation: 'T'here are some existing trees on the subject properties that should either be preserved or mitigated for. 3. Flood plain: N/A 4. CanalslDitches Imgation: There are some irrigation ditches that lie on or adjacent to this site. The North Slough Lateral bisects this site; the Applicant is proposing to cover this facility. The Shavrer Lateral lies along the east boundary of this site; the Applicant is proposing to cover this facility. The Settlers Canal currently lies on the south side of McMillan Road. However, ACRD is proposing to relocate the Settlers Canal to the north side of the roadway, abutting this site. Please see McMillan/Locust Grove Intersection in the Analysis section below for more information on the relocation of the Settlers Canal. 5. Hazards: N/A 6. Proposed Zoning: C-C 7. Size of Property: 7.55 acres f. Summary of Proposed Streets and/or Access: The submitted Concept Map shows afull-access driveway on Locust Grove Road. ACRD has approved a full access to Locust Grove Road located 320 feet north of McMillan Road, but prohibited any driveway access to/from McMillan Road. Access to/from the site from McMillan will be provided from Beethoven Avenue located along the east property line (shared with Portico Place). A cross access easement should be created so that all of the lots in the development have access to the public street system. g. Landscaping: 1. Width of street buffer(s): A twenty-five foot wide landscape buffer is requued on Locust Grove Road an arterial road. McMillan Road is also an arterial road, but is designated as an entryway corridor.. By ordinance, a 35-foot wide landscape buffer is required along McMillan Road. 2. Width of buffers between land uses: A twenty-five foot wide land use buffer is required between C-C zoned properties (Applicant's requested zoning district) and residential properties. A twenty foot wide land use buffer is required between C-N zoned properties (Staff's reconunended zoning district) and residential properties. There are residential properties to the north and east of the subject site. 3. Percentage of landscaped azea: 25.8% 4. Other landscaping standards: iJDC 11-3B-8 requires landscaping within and around pazking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance permit (see Exhibit D, Development Agreement Provisions and Conditions of Approval). 7. COMMENTS MEETING Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H£AR1NG DATE OF DECEMBER 18, 2007 On October 12, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. All of the received continents are "standard" and have been included within this report (Exhibit D). 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Medium Density" areas provide for smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of three to eight dwelling units per acre. The Applicant is requesting a Map amendment to change the designation of this site to "Mixed Use -Community". Concurrently, annexation and zoning to the C-C zoning district is proposed and a four lot preliminary plat has been submitted. In Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet ofnon-residential building area, and is intended to allow a broad range of uses. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA, AZ and PP applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): • When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 6 CITY OF MERIDIAN PLANN]NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 On the submitted conceptual plan, the Applicant is proposing a single access to Locust Grove Road, ACRD has approved one access to Locust Grove Road, and denied any driveway access to McMillan Road. The Applicant should improve Beethoven Avenue and use that as access to McMillan Road, bypassing the need for another access point to McMillan Road, an arterial street. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item 4) McMillan Road and Locust Grove Road are designated arterial streets. By City Ordinance, a 25 foot wide landscape buffer is required adjacent Locust Grove Road and a 35 foot wide landscape buffer is required along McMillan Road, an Entryway Corridor into the City. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant is proposing to install a landscape buffer adjacent to the residential uses to the north and east. In order to construct buildings on this site the Applicant will be required to construct and maintain both internal and perimeter landscaping. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter N, Goal I, Obj. A, #6) This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the Applicant is proposing a variety of commercial and retail opportunities in this area. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (Chapter VII, Goal N, Otij ective C, Action 1) This policy touches on one of the primary objectives of zoning - to protect the public health and welfare. It is the City's obligation to ensure existing properties (both county and city properties) are protected from harmful, disturbing or unnecessary encroachments. The Applicant is proposing a commercial zone adjacent to proposed and established residential areas. Staff f nds that to protect the existing and planned single family homes to the north and east, less intense Map and zoning designations should be granted and certain restrictions on this development should be formulated. Staff has used the Concept Plan provided by the Applicant and the UDC as a base for a DA, which is detailed in the Analysis section below. • Mixed Use standazds, pages 102 and 103, Chapter VII: Purpose Statement: T'he purpose of the MU designation on the Future Land Use Map is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. Woodland Springs -CPA-07-019 / AZ-07-014 / PP-07-019 PAGE 7 CITY OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER I8, 2007 The highly visible location of this property, at the corner of McMillan and Locust Grove Roads, makes it a good candidate for a quality mixed use development. Fourth $uliet, bottom of page 102: In developments where multiple commercial and or office building are proposed ,the buildings should be arranged to create some form of common usable area such as a plaza or green space. On the conceptual development plan provided by the Applicant a substantial outdoor patio area/plaza is shown just north of the proposed convenience store. There is a trellis structure, a picnic table and trees shown on the plaza. This area should act as a true gathering place for pedestrians and users of the development. Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. The Applicant is proposing a mu16i-tenant medical/dental/professional office building and a multi-tenant retail building next to residential uses. Staff is supportive of the proposed uses, provided that full compliance with the UDC requirements and the proposed DA are complied with. Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions may be granted from smaller site on acase-by-case basis. Staff is supportive of the proposed mix ojretaiUcommercial and professional offices on this site. Eighth Bullet, top of page 103: Ali mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the Applicant shows excellent connectivity between the residences and businesses as well as from the adjacent sidewalks on the streets. Staff finds that the subject 7. S acres has frontage on two arterial streets, McMillan Road and Locust Grove Road, a highly visible intersection. However, Staff believes that the requested Comprehensive Plan designation to Mixed -Use Community and the C-C zoning designation for the entire site is too intense for this property. Staff'believes that this site relates better to the neighborhood concepts of the Comprehensive Plan and should be designated accordingly. Staff recommends that the entire site be designated Mixed-Use Neighborhood and be annexed with a C-N (Neighborhood Business District) zoning designation. Staff finds that the C-N zoning district and Mixed Use -Neighborhood Map designations provide a better transitional zone/designation to/from the adjacent residential uses. Staff recommends that the Commission and Council rely on Staffs analysis, other agency/department comments, and any other comments received regarding the Map designation and zoning district for this site. 9. UNIFIED DEVELOPMENT' CODE a. Allowed Uses in the Cornrnercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-N and C-C zoning districts. Personal and Professional Services and retail stores are listed as principally permitted uses in the C-N district. Fuel Sales Facilities require conditional use permit approval in the C-N district (in the proposed C-C district they are principally permitted.) There is a maximum building size in the C-N district of 7,500 feet woodland Springs -CPA=07-014 / AZ-07-014 / PP-07-019 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF DECEMBER 1$, 2007 before administrative design review is required. Due to the size of the proposed buildings and their location on an Entryway Corridor (McMillan Road), design review wil'1 lie required for all of the buildings on this site. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: CPA and AZ Applications: Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. Community design, population, economic development, housing, public services, school facilities, transportation, natural resources, special areas, hazardous areas, recreation, land use, implementation, and property rights were all evaluated by Staff with the subject CPA application. No detrimental impacts to the Plan are to be found if the subject CPA is approved. The Applicant is proposing to amend the Comprehensive Plan Future Land Use Map designation of "Medium Density Residential" for this property to a mixed use designation in order to construct three commercial buildings on the site. Staff believes that a Map designation of Mixed Use -Neighborhood and a zoning designation to C-N is appropriate, and in the best interest of the City, for the subject 7.5 acre site. Please see Section 8 above and the Findings in Exhibit C below for Sta, fJ"s analysis regarding the CPA amendment. The annexation and zoning legal description prepared by Jeremiah B. Fielding, PLS, dated September 6, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the highly visible location of this site; and its relation to residential uses, Staff believes that a DA is necessary in this instance. If the Commission or Council believe that additional or different DA provisions then are provided herein are necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact neazby properties, Staff recommends a clear outline of the commitments of the developer be made. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the .provisions listed in Exhibit D of the Staff Report and be approved by the Council within 6 months. Concept Plan: The Applicant has submitted a concept plan for this site. Three buildings are shown on the plan prepared by Advantage Architecture. Staff is generally supportive of the Woodland Springs -CPA-07-074 / AZ-07-0 F4 / PP-07-019 PAGE 9 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 submitted conceptual site plan for this property. Ali parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. NOTE: The proposed convenience store/fuel station will require CIkP approval and all buildings will require future CZC and DR approval (see below for additional analysis). Access: McMillan Road and Locust Grove Road are both classified as arterial roadways. The City typically tries to limit the number of access points to arterial streets. Except for one full- access to Locust Grove Road and the shared public street to McMillan Road at the east boundary (Beethoven Street), no other access points to Locust Grove Road or McMillan Road should be allowed with development of the subject property. Amenities: The Applicant has shown a plaza area near the center of the development. This plaza area contains a trellis structure, a picnic table and landscaping. Staff is generally supportive of this amenity, and is requiring such as a provision of the DA. However, the details of the plaza area should be worked out with the CLIP for the fuhue convenience store/fuel station. The Applicant is proposing to construct some benches in front of the professional office building on Lot 4. Staff is supportive of this amenity. The Applicant has done a great job of proposing pedestrian connections between the propsed development and the adjacent residential uses and sidewalks. The pedestrian walks should be constructed as shown on the concept plan. (NOTE: The Applicant has shown a pedestrian access from the sidewalk on McMillan Road to the convenience store. This connection may not be possible due to the relocation of the Settlers Canal and the canal remaining open. Therefore, this connection should not be required. However, in accordance with the DR requirements of the UDC, the Applicant should construct a pedestrian walkway from the Locust Grove Road sidewalk to the convenience store entrance.) Landscaping: See PP Application analysis below. Hours of Operation: In the Applicant's submittal letter and application, hours of operation for the proposed development are not addressed. Due to the close proximity of residential uses and consistent with previous Commission and Council action, Staff is recommending that the hours of operation for the professional office and multi-tenant retail businesses on this site be limited through a Development Agreement from 6 am to 11 pm. Further, because there are potential loading areas and trash compactors on the north and east sides of the buildings, deliveries and trash compaction shall also be prohibited between 11 pm and 6 am for these sites. Schedule of Use Control: UDC 11-2B-21ists uses that are principal permitted (P), accessory (A), conditional (C), or prohibited (-) within the commercial zoning districts. The proposed offices and multi-tenant commercial building to be located on-site are principally permitted within the C- Ndistrict. However, the proposed fuel sales facility requires CUP approval in the C-N district. A separate CUP application should be submitted for any fuel station on this site (or any other use that requires CIJP approval). (See UDC Table 11-2B-2 for a complete list of allowed and conditionally allowed uses in the C-N zone.) Design Review and Certificate of Zoning Compliance (CZC): According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance (CZC) issued by the Administrator. A certificate of zoning compliance shall be issued woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 only in conformity with the provisions of this Title and shall be required before the issuance of a building permit. There are three buildings proposed for this site. Because the buildings either exceed 7,500 square feet (the threshold for not being subject to 'DR in the C-N district) and/or are located along McMillan Road (an Entryway Corridor), all of the buildings on this site should be subject to design review and approval (see UDC Table 11-2B-3). The Applicant shall be responsible to obtain DR and CZC permits from the Planning Department for all new construction on the site prior to issuance of building permits. Building Elevations/Sizes: As stated earlier, there are three buildings proposed on this site. The first building is a 4,400 square foot convenience store/fuel station. The second building is a 10.,000 square foot professional office building. The third building is a 32,400 square foot multi-tenant commercial building. The Applicant has also submitted conceptual building elevations for the proposed buildings and these are included in Exhibit C of this Staff report. Staff is generally supportive of the proposed building sizes, facades and proposed construction materials (cultured stone, faux timbers and beams, stucco and stucco accents, and metal standing seam roofing). Staff is proposing that the future buildings on this site be limited to the square footages shown on the concept plan and be subject to the construction materials proposed. Staff is also generally supportive of the appearance and bulk of the proposed buildings. However, Staff has not reviewed these buildings for full compliance with all of the Design Review standards. All buildings on this site should substantially comply with the square footages, materials and elevations proposed, subject to full compliance with future Design Review. Approval of the subject CPA and AZ applications would allow the Applicant to obtain a commercial zoning district. The Applicant has submitted a conceptual site plan showing how this site may redevelop with buildings, parking and landscaping. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the UDC, Staff believes that designating this site for Mixed Use - Neighborhood and zoning this site to C-N is in the best interest of the City. Please see Exhibit B for detailed analysis of facts and findings. PP Application: Access: The developer of Portico Place, just east of the subject site, was required to construct Beethoven Avenue, a public street, on the shared property line. The subject Applicant should be required to fuush off the remaining improvements on the west side of Beethoven Avenue and use that road as access to McMillan Road. The Applicant is proposing afull-access to Locust Grove Road located approximately 360-feet north of McMillan Road. Except for the driveway to Locust Grove Road, a note shall be placed on the final plat prohibiting direct lot access to McMillan Road and Locust Grove Road. (See ACRD Site Specific Conditions of Approval in Exhibit D). Because there aze limited access points to/from the public roadway system, StaN recommends that cross access be provided to each of the proposed lots. Said cross access shall either be created on the face of the final plat and/or through some other recorded document. McMillan/Locust Grove Road Intersection: ACRD has the re-construction of the Mc1Vlillan/Locust Grove intersection programmed for 2012 (there is an option to install an interim signal at this intersection in the nearer future). Although the exact (ultimate) improvements are woodland Springs -CPA-07-0 44 / AZ-07-014 / PP-07-OI'9 PAGE 1 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 not known at this time, ACRD has narrowed down the options. The designs for the intersection require the subject Applicant to dedicate a 41 foot right-of way in front of their site on McMillan Road, with a 30 foot canal easement (the Settlers Canal is moving from its current location on the south side of McMillan Road to the north). Along Locust Grove Road, ACHD is requiring a 35- foot wide right-of--way. The site plan and prelinunary plat reflect the appropriate right-of way widths and easements. As noted in the landscaping requirements below, the Applicant is also proposing landscaping consistent with ACHD's need for right-of--way and the City's requirements for landscaping. (See ACHD Site Specific Conditions of Approval in Exhibit D). Landscaping: Locust Grove Road. and McMillan Road are classified arterial roadways; McMillan Road is also designated as an Entryway Corridor. A 25-foot wide landscape buffer is required adjacent to arterial roadways and a 35-foot wide landscape buffer is required adjacent to Entryway Corridors (UDC Table 11-2B-3). The Applicant is proposing a 25-foot wide landscape buffer along Locust Grove Road and a 38-foot wide landscape buffer along McMillan Road (30 of the 38 feet are encumbered by a future canal easement). Staff is generally supportive of the landscaping along the arterial streets with one comment: Staff recommends that some low-lying shrubs be added to the landscape buffer, including within the canal easement, as allowed by Settlers Irrigation District. There are some existing trees on this site. Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed, The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department, for any trees that will be removed. If the subject annexation and zoning application is approved, commercially-zoned property wil'1 be adjacent to residential properties to the north and east. To buffer the existing land uses to the north and east from future commercial (C-N) uses on this site, a minimum 20-foot wide landscape buffer should be installed (UDC Table 11-28-3). All landscape materials should be installed in accordance with UDC 11-3B-9 and create a barrier where the trees touch at the time of maturity. The submitted landscape plan fails to show landscaping within the parking lot and other common use areas. Particularly trees and other landscape materials should be installed within and at the ends of all the parking islands. Further, with the future CZC/DR/CUP applications, landscaping details should be shown for the plaza area near the center of the development. All internal and parking lot landscaping should be installed in accordance with UDC 11-3B-8. Existing Structures: The site currently contains some existing structures. Because the existing structures are approved for residential uses and not commercial, they should be removed prior to the City Engineer's signature on the final plat. Fencing: The Applicant is not proposing/sliowing any new fencing on any of the submitted plans. Permanent fencing is not required for commercial subdivisions. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. Staff recommends that the Applicant, at the public hearing, testify as to whether any permanent fencing will be installed on this site. Ditches, Laterals, and Canals: The North Slough Lateral and the Shavrer Lateral run through/along this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. (NOTE: ACHD is proposing to move the Settlers Canal to the north side of McMillan Road, abutting the subject site. Settlers Irrigation District is woodland Springs -CPA-07-044 / AZ=07-0'I4 / PP-07-019 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER I8, 2007 requiring this facility to be leR open after relocation. Therefore, the Applicant should not be required by the City to cover the relocated Settlers Canal.) Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year=round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If asingle-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Staff Recommendation: Staff is recommending approval of Woodland Springs (CPA-07- 014/AZ-07-014/PP-07-019), with a Map designation of Mixed Use -Neighborhood (not Mixed Use -Community) and a C-N zoning district (not C-C). See the analysis in Sections 8, 9 and 10 and the Findings listed in Exhibit B of this Staff report. On November ls`, 2007, the_ Meridian Planning & Zoning Commission voted to recommend approval of the subiect apalications. 9~ omnrehensivp Plan Man deci~nadon of Mixed il__se - Neighborhood 9nd zoning of C-N. 11. EXIiIBITS A. Legal Description B. Required Findings from Unified Development Code C. Concept Plan, Preliminary Plat, Elevations, and Landscape Plan D. Development Agreement Provisions and Conditions of Approval Woodland Springs -CPA=07-014 / AZ-07-014 / PP-07-019 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 Exhibit A -Legal Description c~s,'sovxt~nax '.. ~~ 'pppOEiTtAPEaC AND tiL7.A. Sl?ItVBY3 A~•R:(~ •' `_, ~ CTIONSTA1~f0• QONSi'tt1J ;land Svrr-eying•, Inc. _ 3D;SCANNIIdd -. _ _... 1121 E: Stdte Steeet + Suite 10S ~ toggle, tdoho .85616 offtcei~ 1'•208-939=7873 .Job No. 07109° J,$.F. . 8-1.6-07' BOi,JTIDARY-DBSCRIPTTON ' 'FOR ' 'WOODLA:i~1D. SPRINGS. SUBDIVISION ~~ . Pact' of the.Sot#tli~vest 1/4.of tlia Soutb~vest 1~/4~of 5ection'2Q; Towitslup 4 North, Range 1 F,avt..ef ttier$oiseMeiidi'en,.Ada:C6imty. We~o deSCn'ded es: Segintung~:at tfie~Soufhwesf~comer of+Secfiog.29, To~vaship:4 Nortti. Range 1.Eesi•of t6e• 'Seise Meridian, Aila:t,qugtjr, Ydeho:aad:.iuiming t N00°25'.22'T.s 663oQ4•beei:atoag: •ffie•QI!est.liae.of. si~id Section; tbe~ot; S89°20'43"E 50b_14 felt; tbEace 302°12'41°W 664.45 feet:to.e point on t1ie.Sout1; Gjne ofsaid `5e~don;. fbedce N89°12'28"W 485,4b::feet. $Iong.said South Lns,of the Point.ofBegianing. Farce! 7;SS notes: R£Vi. 'BY:. ~~ ~ ~ IX~~ M W OR~ D~pT C 4 ' Exhibit A -Page 1 CITY OF MERIDIAN PLAMVMG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 1 . ,, RE' ~i-- ~~-- BY. ~~ ~ r ~~ :rinewo~an.dueua wowcs.o~ar. Exhibit A -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH'E HEARING DATE OF FEBRUARY 2, 2006 B. Required Findings from Unified Development Code Comprehensive Plan Amendment Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the Comprehensive Plan. If the designation for this property is Mixed Use -Neighborhood and not Mixed Use - Community as proposed by the Applicant, the Council finds that the change to the Future Land Use Map does not directly conflict with other elements of the Comprehensive Plan. The Council recognizes the flexibility in the Comprehensive Plan especially with regard to mixed use projects. 2. The proposed amendment provides an improved guide to future growth and development of the city. The Council fords that a modification to the Future Land Use Map will increase the ability for innovative design in this higlily visible area of the City. The Council believes that allowing for tnixed use projects to locate in this area will improve the growth pattern in this area. 3. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan and the Comprehensive Plan Land Use Map. The Council finds that an amendment to Mixed Use -Neighborhood for this property is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. The Council recognizes the existence of the Neighborhood Center in close proximity (on Locust Grove between McMillan and Ustick) to this site and believes that the two mixed use designations can coexist. 4. The proposed amendment is consistent with the Unified Development Code. The Council fords that the proposed amendment is consistent with the Unified Development Code; all subsequent development applications on this site shall comply with the UDC. 5. The proposed amendment is in the best interest of the City of Meridian. The Council fords that an amendment to the Map to Mixed Use -Neighborhood is in the best interest of the City. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the appGcabie provisions of the comprehensive plan; The Applicant is proposing to zone all of the subject property to C-C. The Council fords that the proposed zoning map amendment does not comply with the applicable provisions of the Comprehensive Plan. Staff and the Council is approving a C-N zoning designation for this site. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Exhibit B -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that professional offices, retail uses and medical clinics would be permitted uses within the C-N and C-C districts. There are several uses in the C-N district that can occur with conditional use permit approval, including fuel stations. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-N district, if the DA provisions are adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that a zoning amendment to C-N will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that a zoning amendment to C-N for this site will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (iJDC 11-5B-3.E). The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to C-N would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. Preliminary Plat Findings: In consideration of a preliminary plat, combined prelinunary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Council supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services can be made available to accommodate the proposed development. (See Exhibit D of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the Exhibit B -Page 2 CITY OF MERIDIAN PLAN~IVING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; , Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit D for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACI-ID considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Counci°1 reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. Exhibit B -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT ST,9FF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 C. Concept Plaa, Preliminary Plat, Elevations, and Landscape Plan Concept Plan ' a~ ofroa:Yivi'ouiari~ - ~ . eaeuear : I' e~r~s~,' rrvioia~w~~o so'~iaNeuoae ~ t :;+~ ONIQ11f18'S~tL9N1SOMA.8~87110N11lOM3Nb ~~. ~ ;~ MI5 ~~ii~ ~~~~~ ``. Po 1'~ ~~ ~ .n~u .~ I g ~~I -f.,._ ~. ~ .~,_.,.~~. ----~ 'T'i dFg 89.i~ q' ~: ~ t .. fig. ' v~am+ir :o?r .atq~a~ nir q;u ~ J ~ ~ ~ fB ®!$ -•-, ~ ~~ '{, ~R .~ F_._t a ~ ___i__ ____ __ .:~_..~ ~. i; ye . ~ ; bt 4 , 6n`b ~~ .. r • 3 ~~. r G. ~ ~ ~ ®. ~. ~ ~.. ( C. ~. - h Q e Y& f~ ~~~ '~~..~ ~i ~ 11 I ~' , i / ~ ~. ~~~ ~ ~ ~ fig- ~. . ~ ®.~ ~c_ ~ r e.~i,j . ~ .,... ., .:___.: _-- .... .. a s} --..._- Exhibit C -Page 1 G D A'~ OF FBBRU ARY 2, 2006 AFF ~pORT FORTH6 KEAR1~ 1NG CEP ARTMENT gT 1' fY OF ~ER1~l~ pL~ preliminary plat z .. 1:` 5 + r: a e. 13 ~_ ~ ~~ ~bs ,.i $~4~1~~`1~, g~~~~~, ~ ' :~ 1~~` ~ r~1~ ~ ; '1~ 3 • ' 1~•1 C e ~,~:- ~~~ ~. ~~~ . ~S . _ ,~-... ,. .~ ~:: ~~.: ;.: ~r,~;,;, Exhibit C - paSe 2 a q 99q,E ~ ; ~ B. ~~ is L } b ~~ ~~ 6 ~ ~1~ !:~` n ~ ~ .e~ ~ ~:~a~t ~ ~ qt.~~~ ~~~~. $~ 1s ~ ..p CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 Elevations Exhibit C -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TWE HEARING DATE OF FEBRUARY 2, 2006 ~~~~ , N.vlglu~W: !1{{'~ FI'A~ ~ ON1lCI `~7NI~NOIiAQtl 16NOQyNYOlIOW .tl90tl11V.W NOWNMI9NOO:J.09f'OMd - ~ .r "JNI 1N3WdOl3A3a'NVOllOW !I~ 1 11 "! ~; a OM / 1AO ' s . 1N3Wd013A30~.3SIl.G3XIW S'JNIMdS aNV ~ __ ~~ '~ Exhibit C -Page 4 G DATE OF FEBRUARY 2, 200b TAFF Rg,RORT FORTHEHEARXtd A~.tNING DEP ARTpAENT S `~~`l 1T`~ OF M ~ „wwm'+ ~'0 °ado~ang ( ~.u ~~C~ ~~- "f- .g 11!0~~ „~a~v~ 71~3~ i~~WdO g1 d3 A?tlp3 Exhibit C -page 5 C1TY OF Iv1ERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 iN3WdOl3A30 371'~d.O'8 11d13~! S1'I:i/~ .A~1/937 Exhibit C -Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE.HEARING DATE OF FEBRUARY 2, 2006 ~~ _. , ~-- _ _ _ ~+. E~ -- --- - -- ~ ! - - k ~ t~~. :~ ~ _ :m -~ ~ ~~ ~, i. ~ ... f ~ ~~ ~~~~~ ~ ~ -~- d- ._. .i' 1~ ~~ e ,~ ., is _ -._ ;, z. - ©L u~ o ._.. =a: YC .•i . ti . _ . .;6 ~E- c. o: d: ~ «: ~ 4 :~ ~::~ i o. n~ - - ;. ~. a i v ~, i 1 d ~, ~' ~ ~ ~ ~ - V ~_ ~ E ; . ~" - ~, :~ - - _ _. ..~ ~~ A. A. m. ~~ _ N a' ~ n - t ~ A° -. ~ o _; ~; _ - n ~o - .. $: a .u ~ ~ i •~ C ~ V Exhibit C -Page 7 CITY OF MERIDIAN PLAMViNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 Landscape Flan 'edi s~~i~ias= ~.? 3° n 2 II ~ ~; ~ i~. ~~R ~ 1• .~ ~~i~{o ~ .i/~ ., f y ab ~ 1. ~1 i 9 ~qq ~ ~• !! 6b .8y, C 9 ~ ~ e ~~ ~'e ~ I ~~'@ t~ i~... roo f- - ':t: :~.~~... M ~ ,~ - ~ _ .. .. ,, Y ~ a 3 . ... ,~ ¢ i ~~ ~.8, S:AiNi1~, f.H~'o?. M:~f.Y. ~ y.....,., ' ' ' ~.... ' ~.~R ~ 8:. e;xa~aayy :a~a a . '. Y'V. ~i~~i O'E'0 a5a 1Nr..r. ~. >., ~ ~ $gg~ ~a ~i~~~b~~ ~~, ~. '~~ in ~A~ B ~1~ ~~ ~' E a~ga~a~~$~, . ti199~.. . . 3~1t'a f a~s9 s~ ~ R E~l~3) gj~~~~. ~~ F y ~~S~~iBlS° ~y.g~~~'. 4~9"e~~ :g o o . .~: ,.~.,.~ ~ „b I f Exhibit C -Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF FEBRUARY 2, 2006 D. Development Agreement Provisions and Conditions of Approval Development Agreement Provisions Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall be approved by the Council within 6 months of the public hearing and incorporate at least the following.• • That development of this property shall generally conform to the Concept Plan prepared by Advantage Architecture (attached in Exhibit C), as determined by the Planning Director or otherwise approved through a Conditional Use Permit. The pedestrian walks shall be substantially constructed as shown on the concept plan. (NOTE: The Applicant has shown a pedestrian access from the sidewalk on McMillan Road to the convenience store. This connection may not be possible due to the relocation of the Settlers Canal and the canal remaining open. Therefore, this connection should not be required. However, in accordance with the DR requirements of the UDC, the Applicant should construct a pedestrian walkway from the Locust Grove Road sidewalk to the convenience store entrance (or any future building on Lot 2)). • Provide a trellis structure, a picnic table and landscaping within a plaza area near the center of the development. (Exact details of the playa area shall be established with the future development on Lot 2 -convenience store lot.) • Construct benches in front of the professional office building on Lot 4. • The business hours of operation for the professional office and multi-tenant retail businesses shall be united to 6 am and 11 pm. This restriction shall include deliveries and trash compacting. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-N zone. All conditionally permitted uses on the subject site shall be subject to CUP approval. • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • Except for one full-access to Locust Grove Road and the public street to McMillan Road at the east boundary (Beethoven Street), no other access points to Locust Grove Road or McMillan Road shall be allowed. • All buildings in the development shall be subject to administrative design review as defined in UDC 11-3A-19. Pedestrian wallcways and paths shall be provided throughout the parking lot to allow pedestrians to walk in designated areas (as shown on the concept Plan}. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any building construction on the subject property. • All buildings on the site shall substantially comply with the elevations ii Exhibit C (subject to full compliance with future design review). All buildings shall be substantially consistent with the square footages shown on the concept plan: a maximum 11,000 Exhibit D -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 square foot professional office building; a 4,500 square foot convenience store/fuel station (subject to CiJP approval); and, a maximum 33,000 square foot multi-tenant commercial building. Materials for the subject buildings shall include: cultured stone, faux timbers and beams, stucco and stucco accents, and metal standing seam roofmg. • Construct a 25-foot wide landscape street buffer along Locust Grove Road, a minimum 10-foot wide street buffer along Beethoven Avenue, and a minimum 38-foot wide landscape buffer along McMillan Road, as proposed. These buffers shall be designed in accordance with UDC 11-3B-7. • Construct a minimum 20-foot wide landscape buffer between residential uses and properties zoned C-N. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses to the north and east. The Applicant shall comply with all other landscaping standards described in the UDC, including but not limited to iJDC 11-3B-8 which outlines the standazds for parking tot landscaping. • No car wash (vehicle wash~^ f~^~ ~~t`al.l he allowed on this site. • ('nnstruct a 6 foQt_tall fence alone the north and ea t nconertv 1LneS• Conditions of Approval Preliminary Plat (PP-07-019) 1. PLANNING DEPARTMENT Site Specific Conditions 1.1 The 4-lot preliminary plat prepazed by Arrow Land Surveying, Inc., dated 8-19-07, tam e th City Clerk on 10/26/07 (attached in Exhibit B), is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-019). 1.2 Place a note on the face of the final plat prohibiting direct lot access to McMillan Road and Locust Grove Road, except for the full-access driveway to Locust Grove Road located approximately 360-feet north of McMillan Road. 1.3 Across-access/cross-parking easement/agreement shall be recorded for all lots within the subdivision. Ali lots within the subdivision shall have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final ptat OR a note shall be added to the face of the final plat granting said cross-access. 1.4 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. 1.5 The landscape plan prepared by Harvest Design, P.C., dated 10-29-07, labeled Sheet LS-1 (attached in Exhibit B), is approved with the following notes/changes: • Provide a minimum 25-foot wide landscape buffer along Locust Grove Road, a 10-foot wide landscape buffer along Beethoven Avenue, and a 38-foot wide buffer along McMillan Road as shown on the landscape plan and in accordance with the standazds listed in UDC 11-3B-7, Landscape Buffers along Streets. NOTE: Add some low-lying shrubs to the landscape buffers, including within the future Settlers Canal easement along McMillan Road (as allowed by Settlers Irrigation District. Plantine in the canal easement (other than grass) can be deferred until the Settlers' Canal is relocated.) • Construct a minimum 20-foot wide land use buffer along the north and east property lines (not adjacent to Beethoven Avenue). All landscape material shall be installed in accordance with UDC 11-3B-9, Landscape Buffers to Adjoining Uses, and create a barrier where the Exhibit D -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 trees touch at the time of maturity. • Per UDC 11-3B-10, the Applicant shal'1 work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Subnut revised landscape plans to the Planning Department with the submittal of the final plat application. 1.6 This subdivision lies within the Settlers' Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape azeas prior to signature on the final plat by the Meridian City Engineer. 1.7 Per iJDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of the relocated Settlers Canal, that intersect, cross or lie within the azea being subdivided shall be covered. Plans wil°l need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.8 All development improvements including water, sewer, fencing, landscaping and pressurized irrigation shall be installed and approved prior to obtainuig Certificates of Occupancy. 1.9 A letter of credit or cash surety iri the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.10 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 1.11 Construct. an l~~-foot tall vinyl fence along the north and east property lines. General Conditions 1.2.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC I 1-3A-17. 1.2.2 The Applicant shall comply with the outdoor lightuig standards shown in UDC 11-3A-11. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.2.4 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with LJDC 11-3A-7. Exhibit D -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 1.2.5 Staff s failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Locust Grove Road. The Applicant shall provide a sewer stub to Portico Place 1780 E McMillan Road contact the City of Meridian Public Works Department for size and location. The Applicant shall install mains to and through this subdivision; Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Locust Grove Road and E McMillan Road. The Applicant is responsible to have two water connections. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The Applicant shall provide a 20-foot easement for all public waterlsewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If asingle-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic Exhibit D -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2UU6 purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-5. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pernuts. 2.11 A letter of credit or cash surety in the amount of 110% wil°1 be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Cocps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfili, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.20 The Applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.21 At the completion of the project, the Applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standazds. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs aze completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit D -Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT.FOR THE HEARING DATE OF FEBRUARY 2, 2006 3. MER3DIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required •before combustible construction is brought on site. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 Maintain a separation of 5' from the building to the dumpster enclosure. 3.7 Provide a Knox box entry system for the complex prior to occupancy. 3.8 The Applicant may need to work with the Fire Marshall to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). Contact Deputy Fire Marshal, Joe Silva, 888-1234. 3.9 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit D -Page 6 CITY OF 1v1ERIDIAN PLANN.ITJG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3,12 All electric gates are required to be 20' wide and be equipped with a Knoxbox key switch. 3.1.3 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 4. MERIDIAN POLICE DEPARTMENT 4.1 Loading areas shall' be separated from all public parking areas. 5. SANITARY SERVICES COMPANY 5.1 Prior to issuance of a certificate of zoning compliance, that Applicant shall submit an approved site plan from SSC. 5.2 Waste enclosure access: The Applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 €t. frontal clearance for such containers. 5.3 Please contact Bi°li Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 6. MERIDIAN PARKS DEPARTMENT 6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (LJDC 11-3:B-10) will be followed. 6.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (LJDC 11-3B-10) will be followed. 7. ADA COUNTY RICH WAY DISTRICT Site Specific Conditions of Approval 7.1 Dedicate 41-feet ofright-of--way from the centerline of McMillan Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required pernuts), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.2 Provide the District with a 30-foot canal e9sement, as proposed for the future relocation of the Lemp Canal to the north side of McMillan Road abutting the entire site. 7.3 Provide the District with a road trust in the amount of $15,650 for the future.construction of the sidewalk abutting the site on McMillan Road with the District's intersection improvement project. Exhibit D-Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 7.4 Dedicate 35-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel. The right-of way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.5 Construct a 5-foot detached concrete sidewallc a minimum of 28-feet from the centerline of the Locust Grove Road abutting the site. Provide an easement for any segment of. the sidewalk located outside of the right-of--way. 7.6 Complete Beethoven Avenue as a 36-foot street section (measured back of existing curb to back of new curb) and construct curb, gutter and 5-foot attached concrete sidewalk within 50-feet of right-of way. 7.7 Construct one full access driveway to intersect Locust Grove Road approximately 360-feet north of McMillan Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. The driveway is restricted to a maximum width of 36-feet. 7.8 Construct one full access driveway to intersect Beethoven Avenue approximately 74-feet north of McMillan Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. The driveway is restricted to a maximum width of 36-feet. 7.9 Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and Locust Grove Road shall be noted on the final plat. '7.10 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.1.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.1.2Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of way. 7.1.3A11 utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.1.4Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.1.SComply with the District's Tree Planter Width Interim Policy. 7.1.6Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 3'87-6258 (with file numbers) for details. Exhibit D -Page 8 CITY OF MERIDIAN PLAMdING DEPARTMENT STAFF REPORT FOR THE HEARIAIG DATE OF FEBRUARY 2, 2006 7.1.7A11 design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.1.8The Applicant shall submit revised plans for Staff approval, prior to issuance of building permit (or other required pernuts), which incorporates any required design changes. 7.1.9Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.1.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.1.11 It is the responsibility of the Applicant to verify all existing utilities within the right-of--way. The Applicant at .no cost to ACRD shall repair existing utilities damaged by the Applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The Applicant shall contact ACRD Traffic Operations 3'87-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.1.12 No change in the terms and conditions of this approval shall be valid uriless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 7.1.13 Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the tune the change in use is sought. 8. SETTLERS IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Settlers Canal (50' easement), the North Slough Lateral (40' easement), and the Shavrer Lateral. Contact SID for any additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District's Boazd of Directors. 8.5 All storm drainage must be retained on-site. Exhibit D -Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 8:6 A pressure irrigation system must be provided to service all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure imgation system, an agreement needs to be in place prior to the pre-construction meeting. Exhibit D -Page 10 C. 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